The D.C. Circuit issued four opinions this week. Three were in its wheelhouse of agency or public law litigation. One was atypical: a purely commercial dispute. Just for the novelty of it, let’s start with the outlier. Reinsurance disputes are not the standard fare of the D.C. Circuit, and the Court had to wrestle with […]
In a week when our attention was focused on the atrocity of Putin’s invasion of Ukraine, the D.C. Circuit handed down an opinion that hearkens back to Hitler’s effort to destroy Europe. In the consolidated case of David De Csepel v. Republic of Hungary (20-7047) and In re: Republic of Hungary (20-8001), Judges Tatel and […]
The big news this week was Justice Breyer’s announcement that he will step down from the Supreme Court at the end of this Term upon the appointment of a successor. Readers of this blog who are inclined to think that most really important legal news must have some connection to the D.C. Circuit (and just […]
Life on the D.C. Circuit is a mixture of the grand and the mundane. As Haley Proctor wrote in the last entry to this blog, the decisions from the Court two weeks ago included a blockbuster case: a clash between President Biden and former President Trump over presidential records at the heart of a congressional […]
David Levi and I were two of the three former federal judges who served on the Presidential Commission on the Supreme Court. (Nancy Gertner was the other.) David and I co-authored an op-ed that appears in today’s Washington Post explaining our opposition to proposals to expand the size of the court and limit the terms […]
In the “bad old days,” the D.C. Circuit was the butt of many a joke – deserved or not – about the sleep-inducing qualities of its opinions. When I was running the gauntlet of the nominations process, a White House lawyer asked me, in all seriousness, “Tom, how can you stand the thought of spending […]
At my investiture, I confessed that I had long been in awe of the judges on the D.C. Circuit who were now my colleagues. Caveat lector: Nothing changed during the fifteen years that I served alongside them. Which means that my contributions to the D.C. Circuit Review – Reviewed, a blog I read religiously while […]
Much of the commentary about the Supreme Court’s recent decision in Cedar Point Nursery v. Hassid, 141 S. Ct. 2063 (2021), has focused on its implications for labor law. Yet some of the Chief Justice’s language in the majority opinion suggests a substantial reworking of the Court’s approach to “regulatory takings”—an area that the Court has […]